How to preserve the one-year deadline if DHS fails to file the NTA with Immigration Court

Posted by Inderraj SinghMar 30, 2022

Asylum applicants must file their applications for relief within 1 year from their date of arrival (entry) in the United States.  It appears that 1 year deadline provides ample time to file the application for asylum and in most cases people are able to file their application within that timeframe.  However, for applicants who were detained by immigration authorities are usually issued a Notice to Appear  ("NTA") for their master calendar hearing.  To the client's surprise, upon arriving in immigration court for the date noted in the NTA, the clerk advises you that DHS has not filed the NTA with the court. This failure by the DHS prevents applicants from starting their work permit clock and the 1 year deadline for applicants wishing to file asylum applications continues to run. 

Until DHS files the NTA with the court, applicants cannot file their asylum application with the court.  The applicant is not accruing time towards his or her work permit clock while the 1 year deadline continues to run, leaving the applicant in quite an awkward dilemma.  Applicants must then turn to USCIS agency to preserve their 1 year deadline to file.  An applicant can file his or her asylum application with the USCIS agency directly and the agency in turns issues a new NTA and files it with the court and the asylum case initiates; resulting in the start of the work permit clock and the case is filed within the 1 year deadline. 

The Singh Law Office—a California Immigration lawyer—can help you protect your important immigration rights before the Court.  Inderraj Singh, Esq., aggressively fights for his clients and successfully appeared in immigration courts to protect the interests of his immigrant clients.

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